Spendthrift Trusts

In plain English without the legalese, a spendthrift trust allows you to leave money to a loved one with supervision so that they don’t spend it all frivolously and so that it goes to their needs rather then their “wants or habits”.

A spendthrift trust’s purpose is to regulate a beneficiary’s access to the funds or assets held within the trust account. It’s an important tool that can help guarantee your beneficiaries are taken care of, while simultaneously ensuring your assets are distributed according to your specific wishes.

Spendthrift trusts are usually set out in the Grantor’s Will and become effective upon the Grantor’s death. The trust can be revocable (the grantor can change his mind) or irrevocable (the grantor cannot change his mind). Spendthrift trusts operate a bit differently than other trusts.

A spendthrift trust includes what’s called a spendthrift clause or spendthrift provision. This caveat permanently designates the trust itself as the sole owner of the assets held within it, rather than transferring ownership to your beneficiary upon your passing.

The beneficiary will still receive the assets, however — they’re released from the trust over time, on a schedule you (the grantor) and your trustee determine when you create the trust. This incremental release of assets can help protect your estate from any irresponsible spending habits while still providing your loved ones with the inheritance you’ve set aside for them.

The main benefit of a spendthrift trust is that it can protect your assets from a potentially unreliable beneficiary. It safeguards your estate without taking the beneficiary’s inheritance from them. 

In addition to asset protection, spendthrift trusts can help protect your beneficiaries from creditors. Because the assets included in a spendthrift trust are owned by the trust and managed by the trustee, they aren’t considered a part of your beneficiary’s assets.

Let’s say you plan to leave a $100,000 estate to your beneficiary, but you want to ensure the money is handled responsibly. By using a spendthrift trust, you can still leave that money to your beneficiary while portioning it out to encourage healthy financial habits. 

You schedule releases of money at a cadence that feels manageable to you and your beneficiary and in this way, you can guarantee that money will go to your beneficiaries in more manageable chunks, as opposed to distributing the entire $100,000 at once.

Setting up a spendthrift trust is similar to setting up any type of trust, but it includes a few extra steps. The biggest difference is that you’ll have to set the terms for how you’d like to release your assets. These terms can be as complicated or as simple as you’d like. 

 I’m happy to answer questions about creating a spendthrift trust as a part of your estate planning if you have a loved one whom you feel could use a little more attention in reagrds to their inheritance from you. You can schedule a complimentary consultation here.